1.How do I know if I am eligible?Most workers are covered under law by the unemployment insurance program. However, workers in the following categories are not eligible to receive benefits:

Workers who provide services performed for churches and certain religious organizations

Children under 18 who work for their mother or father

Individuals who work for their daughter, son, or spouse

Students participating in work-training programs administered by a non-profit or public educational institution

Workers who are part of a student financial aid assistance program provided by a school, college or university where the student/employee attends classes, or similar employment for the student’s spouse provided the spouse is notified at the time of hire that unemployment insurance is not provided

Real estate brokers or sales people licensed by the state and paid solely by commission

Sole proprietors and members of partnerships, including single member LLC’s or LLP’s

Independent contractors (DUA determines the eligibility of workers who have been classified as independent contractors)

Self-employed individuals working independent of the direction and control of an employer

Certain employees of state and local governments, such as elected officials; members of a legislative body or of the judiciary; emergency employees hired during a disaster; inmates in custodial or penal institutions; and members of the Massachusetts National Guard or Air National Guard

Government officials in policy-making and advisory positions

Generally, benefits are available for eligible workers who have become unemployed through no fault of their own, and who are able to work and are actively looking for a job. You must also have earned at least $3,500 during a specified period of time set by law.

2.Will I be eligible for UI benefits if I am fired?Massachusetts General Laws, Chapter 151A, governs the unemployment insurance program. According to the law, you may be eligible if you were fired for poor performance. However, if your employer is able to show that you were fired for deliberate misconduct or violation of a company rule, you may be disqualified.

3.Will I be eligible for UI benefits if I quit my job?According to the law, if you left your job voluntarily with good cause (attributable to your employer) or for an urgent or compelling personal reason, you may be eligible. However, you must meet all the requirements of the law, including being able to work if a job were offered to you. If you are disqualified for any reason, you have the right to file an appeal.

Once the amount of your weekly unemployment benefit rate is established, a formula is used to determine how much is payable to you for any week in which you work part-time. You can earn up to one third of your unemployment benefit rate (not including any dependency allowance) and still receive your full benefit. Any earnings in excess of the one-third limit result in a dollar-for-dollar reduction in your benefit for the week.

For example, if your weekly unemployment benefit rate is $321.00, you could earn up to $107.00 ($321.00 / 3 = $107.00) and still receive your full benefit payment. If you earned $250.00 which would be $143.00 over the limit, your unemployment benefit of $321.00 for the week would be reduced by $143.00 and you would receive a payment of $178.00.

Be aware that if you accept part-time work and are subsequently separated from the job for reasons other than a layoff, your eligibility will be reevaluated. If it is determined that you were separated from a part-time job under disqualifying circumstances, your weekly benefit payment may be permanently reduced.

You may continue to receive unemployment benefits until the benefits available on your claim are exhausted or until the claim expires one year after it was originally filed whichever comes first. If your weekly payment is reduced because of earnings from part-time employment, then that money remains in your account and can extend the duration of your benefits.

If you are still unemployed when your claim expires, you will be required to file a new claim. If the wages you earned while receiving benefits and working part-time on your original claim were sufficient to establish a new eligible claim, you will receive benefits on the new claim. Your weekly benefit amount will usually be lower because it is based on your part-time earnings.

An individual whose continued employment is affected by the transfer of a military spouse to another location may be eligible for unemployment benefits if:

The transfer of the spouse was involuntary and for the convenience of the service branch. However, cases in which the spouse requested a transfer, retired voluntarily, or opted not to re-enlist and were transferred for discharge will be considered voluntary transfers, and hence the individual will not be eligible for unemployment benefits.

The financial burden to the individual of maintaining the current housing or securing alternative housing along with providing housing for the service member at the new location will justify the individual in moving with the spouse.

The individual is required to move once the service member is transferred and the cost of securing alternative housing for the individual to remain in the area and preserve employment would likely be financially burdensome.

The individual’s rights to continued employment at the military facility is contingent on the spouse’s assignment at the current duty station.

If you are separated from your job, we encourage you to file a claim so that your eligibility can be determined.

To show DUA that you are actively seeking full-time work, you must establish a work search plan, maintain records of your work search, and report this information to DUA when asked to do so. You must also report any earnings you have while you are receiving UI benefits.

If you work part-time during weeks in which you request UI benefits, you must report any wages you earn. You may still be paid UI benefits if your gross wages (total wages before taxes are taken out) are less than your weekly benefit amount. Any wages above 1/3 of the weekly benefit amount (also known as your Earnings Disregard) are deducted dollar-for-dollar from the weekly benefit amount. If you work full-time in any given week, you will be considered employed “full-time” regardless of wages, and you will not be eligible for UI benefits for that week. Full-time is generally between 35 and 40 hours per week. Youare considered employed full-time if you are working the customary full-time schedule in your job or occupation.

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